2010 April 22: NY Albany: NY DEP proposed new statewide OWB regulation released, public comment period April 22 to July 2, 2010, treats OWBs as nuisance

 2010 April 22: NY Albany: NY DEP proposed new statewide OWB regulation released, public comment period April 22 to July 2, 2010, treats OWBs as nuisance
 
ALBANY, NY (04/22/2010)(readMedia)– New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis today announced the release of a proposed new state regulation to dramatically cut pollution from outdoor wood boilers (OWBs). The proposal will reduce the significant air quality impacts from the boilers, and address what has become a public nuisance for many New Yorkers.

The proposal was published in the Environmental Notice Bulletin this week and can be viewed on DEC’s website at http://www.dec.ny.gov/regulations/64459.html . The public comment period will run through July 2.

"As we celebrate the Fortieth Anniversary of Earth Day, we are taking yet another step in the pursuit of clean air for all New Yorkers," Commissioner Grannis said. "This proposal will ensure that new outdoor wood boilers are cleaner, and that existing boilers be used in the most environmentally sound way possible."
In response to visible air pollution and numerous public complaints, these rules are proposed to reduce the impact of smoke plumes on neighbors. In order to achieve this goal, the new rule includes emission limits on new OWBs to be sold in New York, as well as setting a minimum distance that new OWBs are to be located from neighboring properties. In addition, DEC is proposing certain fuel restrictions, stack height requirements and a nuisance provision for both new and existing outdoor wood boilers.
The rule also bans the use of existing boilers in the summer when neighbors are likely to be enjoying the outdoors and have their windows open, unless the existing units meet the new requirements applicable to new OWBs or certain setback requirements. The rule will eventually phase out the use of existing units that do not comply with the new standards.
"The DEC is continually working to improve air quality, so that all New Yorkers can breathe air that is clean and healthy," Commissioner Grannis said. "Today’s proposal is another important step towards that goal."
Scott T. Santarella, President and CEO of the American Lung Association in New York said: "The American Lung Association applauds the state DEC for proposing strict new statewide regulations that would significantly improve air quality and better protect the lung health of all New Yorkers. For far too long New Yorkers have suffered because of exposure to the toxic smoke and unhealthy levels of particulate matter that outdoor wood boilers emit. The Lung Association looks forward to working with the DEC to ensure the most protective public health regulations are implemented, so all New Yorkers can breathe easier."
Ross Gould, Air and Energy Program Director for Environmental Advocates of New York said: "Outdoor wood boilers are a growing concern as large sources of smoke in residential areas in New York. With these regulations, the DEC is phasing out the older boilers that emit greater levels of smoke and particulate matter to reduce air pollutants that lead to respiratory ailments. This is a much needed step in improving the air quality in the state. We look forward to working with the DEC to implement regulations for phasing out existing polluting outdoor boilers."
The DEC will conduct 11 hearings throughout the state. Each hearing will run from 6 p.m. to 8 p.m. In addition, the DEC will conduct informal information sessions from 5 p.m. to 6 p.m. at each location. During the information sessions the public may discuss the rule and ask questions of DEC staff off the formal record. For a list of where the hearings will be held please see the attachment below.
The public comment period for will end at 5:00 p.m. on July 2, 2010. Written comments may be submitted to: NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3251 or by email: 247owb@gw.dec.state.ny.us.Proposed Part 247, Outdoor Wood Boilers, and Part 200, General Provisions » Express Terms Summary 6 NYCRR Parts 200 and 247

Skip to main navigation

Express Terms Summary 6 NYCRR Parts 200 and 247

The Department of Environmental Conservation (Department) proposes to adopt 6 NYCRR Part 247, Outdoor Wood Boilers, and revise 6 NYCRR Part 200, General Provisions, to conform to the new rule. Outdoor wood boilers (OWBs) are defined in Part 247 as fuel burning devices (1) designed to burn wood or other fuels; (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans; and (3) that are used to heat building space and/or water via the distribution, typically through pipes, of a gas or liquid (e.g., water or water/antifreeze mixture) heated in the device.

General Provisions applicable to all OWBs

Definitions of terms used in Part 247 are presented in Section 247.2. An OWB commencing operation on or after April 15, 2011 is defined as a ‘new’ OWB. Conversely, an ‘existing’ OWB is defined as an OWB that commenced operation prior to April 15, 2011. The term ‘commence operation’ is defined as the initial start-up of the combustion chamber of an OWB after all piping and electrical connections between the OWB and structure(s) it serves have been completed. New OWBs are further classified based upon the useful heat generated in the unit. Residential-size new OWBs are units with a thermal output rating of 250,000 British thermal units per hour (Btu/h) or less. Commercial-size new OWBs are units with a thermal output rating greater than 250,000 Btu/h. The term ‘Northern Heating Zone’ is defined as the area including the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Oswego, St. Lawrence, Saratoga, Warren and Washington.
A list of fuels which may be burned in OWBs is contained in Section 247.4. Seasoned clean wood may be burned in a new OWB. ‘Clean wood’ is defined in section 247.2 as wood that has not been painted, stained, or treated with a coating, glue or preservative. In addition, natural gas and heating oil that meets the sulfur content limits set forth in Subpart 225-1, and non-glossy, non-colored papers, including newspaper, may be used as starter fuels. The Department may approve additional fuels for specific models of new OWBs provided that the models have been tested via United States Environmental Protection Agency (EPA) Test Method 28-OWHH with the fuels in question. A list of prohibited fuels is contained in subdivision 247.3(b). The list of prohibited fuels includes, but is not limited to, garbage, yard waste, household chemicals and animal carcasses.
Subdivision 247.3(c) prohibits the operation of an OWB in such a manner as to cause or allow emissions from such OWB that are injurious to human, plant or animal life or which unreasonably interfere with the comfortable enjoyment of life or property. Examples of situations that would trigger subdivision 247.3(c) include, but are not limited to:
a. activating smoke detectors in neighboring structures;
b. impairing visibility on a public highway; or
c. causing a visible plume migrating from an OWB and contacting a building on an adjacent property.
Subdivision 247.3(d) prohibits the operation of an OWB in such a manner as to create a smoke plume with an opacity of 20 percent or greater (six minute mean) as determined via EPA Reference Method 9 (or equivalent).

Requirements applicable to New OWBs

The particulate emission limits, stack height and setback requirements for residential-size new OWBs are set forth in Section 247.5. Residential-size new OWBs will be subject to a weighted average particulate emission limit of 0.32 pounds per million British thermal units (mmBtu) heat output. In addition, the particulate emission rate for any test run conducted pursuant to Test Method 28-OWHH may not exceed 15.0 g/h when the burn rate is 1.5 kilograms per hour (kg/h) or less and 18.0 g/h when the burn rate is greater than 1.5 kg/h. Further, residential-size new OWBs must be located 100 feet or more from the nearest property boundary line and must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than 18 feet above ground level.
Commercial-size new OWBs (Section 247.6) will be subject to a weighted average particulate emission limit of 0.32 pounds per million mmBtu heat output. In addition, the particulate emission rate for any test run conducted pursuant to Test Method 28-OWHH may not exceed 20.0 g/h. A commercial-size new OWB must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than 18 feet above ground level. Finally, a commercial-size new OWB must be located 200 feet or more from the nearest property boundary line, 300 feet or more from the nearest residential property boundary line, and 1000 feet or more from a school.

Requirements that Apply to Manufacturers

Sections 247.7 and 247.8 contain provisions that apply to manufacturers of new OWBs. A permanent label (Section 247.7) must be affixed to all new OWBs. The label must be made of a material that is sufficiently durable to last the lifetime of the new OWB and must contain the following information:
a. name and address of the manufacturer;
b. date the new OWB was manufactured;
c. model name and number;
d. serial number;
e. thermal output rating in Btu/h; and
f. certified particulate emission rate (per Section 247-1.8).
Beginning April 15, 2011, all new OWBs must be of a model certified by the Department. A model is defined in Section 247.2 as all new OWBs manufactured by a single manufacturer that are similar in all material and design respects. The certification process is set forth in Section 247.8.
Two copies of the certification application must be submitted to the Department. The following information must be contained in a manufacturer’s application for certification of a model as set forth in subdivision 247.8(c):
a. name and address of the manufacturer, model name and number, serial number, date of manufacture and the thermal output rating, in Btu/h, of the new outdoor wood boiler tested;
b. four individual color photographs of the tested unit showing the front, back and both sides of the unit;
c. engineering drawings and specifications for each of the following components:

1. firebox including a secondary combustion chamber;

2. air induction systems;

3. baffles;

4. refractory and insulation materials;

5. catalysts;

6. catalyst bypass mechanisms;

7. flue gas exit;

8. door and catalyst bypass gaskets;

9. outer shielding and coverings;

10. fuel feed system; and

11. blower motors and fan blade size.

d. final test report prepared by the testing laboratory; and
e. a copy of the operation and maintenance instructions.
In order for a model to be certified, the particulate emission rate must be determined by a test laboratory via Test Method 28-OWHH or other test method approved in writing by the Department. A test laboratory must be accredited by the EPA for testing wood-burning residential space heaters in accordance with 40 CFR 60 Subpart AAA, Section 60.535 or another organization approved by the Department. A test laboratory must have no conflict of interest or financial gain in the outcome of the testing of new OWBs.
The Department shall issue a certificate of compliance if the application is deemed complete and the model is determined to be compliant with the particulate emission limits set forth in Section 247.5 or Section 247.6 (as appropriate). The certificate of compliance will be valid for five years and may be renewed by the manufacturer. If a manufacturer makes a change in the design of a model resulting in a change in the thermal output rating of the model, that change constitutes the creation of a new model.

Requirements that Apply to Distributors

Section 247.9 applies to distributors. The term ‘distributor’ is defined in Section 247.2 as any person who sells or leases a new OWB to an end user. Distributors are required to provide a prospective buyer or lessee of a new OWB with a ‘Notice to Buyers’ (Notice). The following must be included in the Notice:
a. an acknowledgement that the buyer or lessee was provided a copy of Part 247;
b. a list of fuels that may be burned in the OWB as set forth in paragraph 247.8(d)(1) of Part 247; and
c. a statement that even if the requirements set forth in Part 247 are met, there may be conditions or locations in which the use of a new outdoor wood boiler unreasonably interferes with another person’s use or enjoyment of property or even damage human health, and if such a situation occurs the owner or lessee of the new outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense as well as any other penalty allowed by law.
The Notice must be signed and dated by both the buyer (or lessee) and the distributor when the sale (or lease) of the new OWB is completed. In addition, the following information must be added to the Notice:
a. name and address of the owner (or lessee) of the new OWB;
b. street address where the OWB was installed (if different from item (a) above);
c. name of the manufacturer, model and date of manufacture of the new OWB;
d. height of the peak of the highest roof structure within 150 feet of the new OWB;
e. height of the permanent stack for the new OWB; and
f. distance to the nearest property boundary line to the new OWB.
The distributor must submit the completed Notice to the Department’s regional office for the area where the OWB is installed within seven (7) days of making delivery of the new OWB into the possession of the buyer or lessee.

Requirements applicable to Existing OWBs (Section 247.10)

All existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than of 18 feet above ground level effective October 1, 2011. An existing outdoor wood boiler that commenced operation prior to September 1, 2005 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service no later than August 31, 2015. An existing outdoor wood boiler that commenced operation between September 1, 2005 and April 14, 2011 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service within ten years of the commence operation date but not later than August 31, 2020. In the event that an owner of an existing outdoor wood boiler cannot provide sufficient documentation, to the satisfaction of the Department, regarding the commence operation date of their existing outdoor wood boiler, such owner must replace their existing outdoor wood boiler with a new outdoor wood boiler meeting the requirements of this Part or must permanently remove the existing outdoor wood boiler from service no later than August 31, 2015.
No person shall operate an existing OWB in the Northern Heating Zone between May 15 and August 31 of each year or between April 15 and September 30 elsewhere in the State. There are three exceptions to this provision (subdivision 247.10(b)):
1. OWBs certified under Section 247.8 and sited 100 feet or more from the nearest property boundary line;
2. OWBs sited 500 feet or more from the nearest property boundary line; or
3. OWBs located on contiguous agricultural lands1 greater than five acres sited 500 feet or more from the nearest residence not served by the OWB or 500 feet or more from the nearest property boundary line that is not agricultural land and 1000 feet or more from a school.

Severability Clause

Section 247.11 contains a severability clause stating that in the event any provision of Part 247 is held to be invalid, the remainder of Part 247 shall continue in full force and effect.

Part 200 – General Provisions

Section 200.9 will be amended to incorporate by reference EPA Test Method 28-OWHH and Reference Method 9. Further, test laboratories that conduct the Test Method 28-OWHH testing must be accredited by EPA pursuant to Section 60.535. Therefore, the Department is incorporating Section 60.535 by reference in this regulation.
__________
1 The term ‘agricultural land’ is defined in Section 247.2 as the "land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a ‘commercial horse boarding operation’ and ‘timber processing’. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other."
Regulations and Enforcement » Proposed Regulations » Air Pollution Proposed, Emergency, and Recently Adopted Regulations » Proposed Part 247, Outdoor Wood Boilers, and Part 200, General Provisions

Skip to main navigation

2010 April 22: NY State: COMMENT PERIOD NOW OPEN on Proposed Part 247, Outdoor Wood Boilers, and Part 200, General Provisions

The Department is proposing to adopt new Part 247, Outdoor Wood Boilers and revise Part 200, General Provisions, to conform to the new rule. Emission limits and siting requirements will be established for new outdoor wood boilers (OWBs) along with stack height and operating requirements for both new and existing OWBs. Further, the Department is proposing to phase out existing OWBs by August 31, 2020. A new OWB is a unit that commences operation on or after April 15, 2011 and, conversely, an existing OWB is a unit that commenced operation prior to April 15, 2011.

  • Express Terms Summary
  • Express Terms Part 247, Outdoor Wood Boilers
  • Express Terms Part 200, General Provisions
  • Regulatory Impact Statement Summary
  • Regulatory Impact Statement
  • Job Impact Statement
  • Rural Area Flexibility Analysis
  • Regulatory Flexibility Analysis for Small Businesses and Local Governments

Written comments are accepted through 5pm, July 2, 2010 and should be directed to:
John Barnes, P.E.
New York State Department of Environmental Conservation
Division of Air Resources
625 Broadway, 2nd Floor
Albany, New York 12233-3251
Telephone (518) 402-8396
Email: 247owb@gw.dec.state.ny.us


More about Proposed Part 247, Outdoor Wood Boilers, and Part 200, General Provisions :

Advertisements
This entry was posted in N ("New") States = NH, NJ, NM, NY = New Hampshire, New Jersey, New Mexico, New York. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s